2014 (2) TMI 1380

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.... Unnikrishnan, learned counsel for accused. 3. The averments of complaint in brief are as follows:- The complainant is a Class-I PWD Contractor, so also the accused. The accused and complainant have been friends since more than 10 years. During the year 1996, accused has undertaken the work of excavation of earth at Thagalur Chromite Mines in Channarayapatna Taluk, which was allotted to him by Mysore Minerals Company Limited. The accused requested complainant to provide two 3excavators and twelve tippers, belonging to complainant on hire for execution of aforestated work. The accused completed work and received money from Mysore Minerals Company Limited. The accused issued cheque dated 20.05.1997 towards part payment of hire charges in a....

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....que to discharge legally recoverable debt/liability. The complainant cannot rest contend by production of cheque and assigning reasons for dishonour of cheque. 7. As per the averments of complaint, there was discussion between complainant and accused in the presence of their well-wishers on 30.10.2001. The accused issued cheque bearing No.139729 dated 30.10.2001 for a sum of Rs. 39,00,000/- in favour of complainant. In the affidavit evidence, complainant has reiterated the same. 8. In the legal notice (Ex.P.4), it is stated that the matter was discussed before well-wishers and common friends like one P.R. Chenna Reddy in the residence of accused and accused issued cheque for a sum of Rs. 39,00,000/- in favour of complainant on 30.10.2....

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....d counsel for accused has referred to judgment of Kerala High Court, reported in 2001 Crl.L.J.24 (in the case of Sasseriyil Joseph Vs. Devassia), wherein Kerala High Court has held that section 138 of the Act is attracted only if there is legally recoverable debt and it cannot be said that time barred debt is legally recoverable debt. 13. The learned counsel for accused would further submit that judgment rendered by Kerala High Court in Sasseriyil Joseph's case was challenged before the Supreme Court in Special Leave to Appeal (Crl.) No.1785/2001, wherein the Supreme Court has held:- "We have heard learned counsel for the petitioner. We have perused the judgment of the High Court of Kerala in Criminal Appeal No.161 of 1994 confirming ....